An Act to provide for the prohibition of sex selection, before or after conception, and for regulation of pre-natal diagnostic techniques for the purposes of detecting genetic abnormalities or metabolic disorders or chromosomal abnormalities or certain congenital malformations or sex-linked disorders and for the preven-tion of their misuse for sex determination leading to female foeticide; and, for matters connected therewith or incidental thereto.
BE it enacted by Parliament in the Forty-fifth Year of the Republic of India as follows:-
1. Short title, extent and commencement.- (1) This Act may be called the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994.
(2)It shall extend to the whole of India except the State of Jammu and Kashmir.
(3)It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.
2. Definitions.- In this Act, unless the context otherwise requires,-
(a) "Appropriate Authority" means the Appropriate Authority appointed under section 17;
(b) "Board" means the Central Supervisory Board constituted under section 7;
(ba) "conceptus" means any product of conception at any stage of development from fertilization until birth including extra embryonic membranes as well as the embryo or foetus;
(bb) "embryo" means a developing human organism after fertilization till the end of eight weeks (fifty-six days);
(bc) "foetus" means a human organism during the period of its development beginning on the fifty-seventh day following fertilization or creation (excluding any time in which its development has been suspended) and ending at the birth;
(c) "Genetic Counseling Centre" means an institute, hospital, nursing home or any place, by what-ever name called, which provides for genetic counselling to patients;
(d) "Genetic Clinic" means a clinic, institute, hospital, nursing home or any place, by whatever name called, which is used for conducting pre-natal diagnostic procedures.
Explanation- For the purposes of this clause, 'Genetic Clinic' includes a vehicle, where ultra-sound machine or imaging machine or scanner or other equipment capable of determining sex of the foetus or a portable equipment which has the potential for detection of sex during preg-nancy or selection of sex before conception, is used.
(e) "Genetic Laboratory" means a laboratory and includes a place where facilities are provided for conducting analysis or tests of samples received from Genetic Clinic for pre-natal diagnostic test. Explanation- For the purposes of this clause, 'Genetic Laboratory' includes a place where ultra-sound machine or imaging machine or scanner or other equipment capable of determining sex of the foetus or a portable equipment which has the potential for detection of sex during preg-nancy or selection of sex before conception, is used.
(f) "Gynaecologist" means a person who possesses a post- graduate qualification in gynaecology and obstetrics;
(g) "Medical geneticist" includes a person who possesses a degree or diploma in genetic science in the fields of sex selection and pre-natal diagnostic techniques or has experience of not less than two years in such field after obtaining- (i) any one of the medical qualifications recognised under the Indian Medical Council Act, 1956 (102 of 1956); or
(ii) a post-graduate degree in biological sciences;
(h) "Pediatrician" means a person who possesses a post-graduate qualification in pediatrics;
(i) "pre-natal diagnostic procedures" means all gynaecological or obstetrical or medical proce-dures such as ultrasonography, foetoscopy, taking or removing samples of amniotic fluid, chori-onic villi, blood or any other tissue or fluid of a man, or of a woman for being sent to a Genetic Laboratory or Genetic Clinic for conducting any type of analysis or pre-natal diagnostic tests for selection of sex before or after conception; (j) "pre-natal diagnostic techniques" includes all pre-natal diagnostic procedures and pre-natal diagnostic tests;
(k) "pre-natal diagnostic test" means ultrasonography or any test or analysis of amniotic fluid, chorionic villi, blood or any tissue or fluid of a pregnant woman or conceptus conducted to detect genetic or metabolic disorders or chromosomal abnormalities or congenital anomalies or haemoglobinopathies or sex-linked diseases;
(l) "prescribed" means prescribed by rules made under this Act;
(m) "registered medical practitioner" means a medical practitioner who possesses any recognized medical qualification as defined in clause (h) of section 2 of the Indian Medical Council Act, 1956, (102 of 1956.) and whose name has been entered in a State Medical Register;
(n) "regulations" means regulations framed by the Board under this Act;
(o) "sex selection" includes any procedure, technique, test or administration or prescription or provision of anything for the purpose of ensuring or increasing the probability that an embryo will be of a particular sex; (p) "sonologist or imaging specialist" means a person who possesses any one of the medical quali-fications recognized under the Indian Medical Council Act, 1956 or who possesses a post-graduate qualification in ultrasonography or imaging techniques or radiology;
(q) "State Board" means a State Supervisory Board or a Union territory Supervisory Board consti-tuted under Section 16A;
(r) "State Government" in relation to Union territory with Legislature means the Administrator of that Union territory appointed by the President under article 239 of Constitution.